Who is eligible
The current version of the Law of Ukraine "On Citizenship of Ukraine" No. 2235-III gives a separate route to citizenship to foreigners and stateless persons who, in the established manner, perform military service under contract in the Armed Forces of Ukraine, the State Special Transport Service or the National Guard. Legally this is acceptance into citizenship (naturalization) under Article 9 of the law, but with substantial benefits. Other routes are described in the guide to the ways of acquiring Ukrainian citizenship.
These benefits also extend to those who have already left the service on certain grounds set by the law on military duty, for example for health reasons on the conclusion of a military medical commission.
At a glance, the rules for contract servicemen differ from the general rule in the following ways, each explained further below.
Document checklist
0/5 doneResidence period
The general condition is continuous residence in Ukraine for the last five years. For contract servicemen the law sets a different period, three years, or one year of contract military service under martial law. It is counted from the day the service contract enters into force.
For those discharged on the grounds defined by the law on military duty, the residence condition does not apply at all. Servicemen who hold a state award of Ukraine are also exempt from it.
No immigration permit needed
Acceptance into citizenship normally requires an immigration permit. The law expressly exempts from this condition foreigners who serve or have served in the Armed Forces, the State Special Transport Service or the National Guard. In other words, a посвідка на постійне проживання (permanent residence permit, PRP) is not compulsory for citizenship in this case.
During service the foreigner stays in Ukraine lawfully on the basis of the contract. The law on the legal status of foreigners treats such a stay as lawful even after the passport has expired. Permanent residence for military personnel under the Law "On Immigration" is covered in the article on grounds for permanent residence.
Exams after naturalization
For most applicants, knowledge of the basics of the Constitution, the history of Ukraine and the state language is tested by exams before a decision is made. Contract servicemen instead file an undertaking to pass the exams within two years after acquiring citizenship. That way language preparation does not hold up the application.
How the exams work is explained in the article on the citizenship exam.
Documents on foreign citizenship
Every applicant files one of four documents together with the application. It may be a declaration recognising oneself as a citizen of Ukraine, an undertaking to terminate foreign citizenship, a declaration of renunciation of foreign citizenship or a declaration of absence of foreign citizenship. For servicemen the law provides for a declaration of renunciation of foreign citizenship instead of an undertaking to terminate it, and this rule extends to their family members. Citizens of states on the list approved by the Cabinet of Ministers may file a declaration recognising themselves as citizens of Ukraine.
For foreigners who took part in repelling the armed aggression, the law contains extra rules on convictions handed down for political motives in the aggressor state. Such convictions do not stand in the way of citizenship if the state authorities establish the political motive in the manner set by the Cabinet of Ministers. Documents on foreign citizenship are covered in detail in the article on multiple citizenship.
Expired passport
Many foreigners in the Armed Forces of Ukraine hold a passport of a state they cannot approach for a new document. The laws make an exception for military categories. They may file an expired passport of the state that committed aggression against Ukraine. Civilian categories have no such exception.
Award holders and special merit
Servicemen who hold a state award of Ukraine are exempt from the conditions on the residence period, the immigration permit and means of subsistence. For persons with outstanding merit before Ukraine and those whose acceptance is in the state's interest, the documents are prepared by the central executive authority in the relevant field, and the submission goes to the President.
How to apply
The application is filed with the ДМС (State Migration Service, DMS). It comes with service documents, in particular the contract and a certificate from the military unit valid on the date of filing, a passport document, the undertaking on the exams and one of the documents on foreign citizenship. The decision is taken by the President of Ukraine, and the date of acquiring citizenship is the date of the decree. Contract servicemen do not file a criminal record certificate from their country of citizenship. The full document list is in the article on documents for Ukrainian citizenship.
The serviceman's family
Article 9 benefits apply to the serviceman personally. Spouses and children need a ground of their own, such as a family member's residence permit or permanent residence. For families of fallen servicemen the Law "On Immigration" provides for an immigration permit outside the quota. Staying in Ukraine during the war is covered in the article on entry under martial law.
Lawyer's experience
Contract servicemen from abroad most often put off citizenship because they think they must learn the language first. The undertaking on the exams removes that obstacle, and you can apply as soon as the residence period has passed.
I also advise counting the length of service from the date the contract entered into force, not from the date you arrived at the unit. That is the date the DMS sees in the documents, and it decides whether the period has passed.
Another piece of advice concerns documents. Military units do not always issue certificates quickly, so order them in advance and check that the name matches the passport.
If you serve in the Armed Forces of Ukraine and want citizenship, book a migration law consultation and I will check your benefits and prepare the application pack.
Official sources
Frequently asked questions
How long do I have to serve to get citizenship?+
For contract servicemen the residence period is three years, or one year of contract military service under martial law. It is counted from the day the contract enters into force.
Do I need an immigration permit?+
No. The law exempts from this condition foreigners who serve or have served in the Armed Forces of Ukraine, the National Guard or the State Special Transport Service.
Do I have to pass the Ukrainian language exam before applying?+
No. Contract servicemen file an undertaking to pass the exams on the basics of the Constitution, the history of Ukraine and the language within two years after acquiring citizenship.
Do I have to give up my current citizenship?+
Servicemen file a declaration of renunciation of foreign citizenship instead of an undertaking to terminate it. Citizens of states on the list approved by the Cabinet of Ministers may file a declaration recognising themselves as citizens of Ukraine and keep their citizenship.
What if my contract ended because I was wounded?+
For foreigners discharged from service because of their health or a wound, the law removes the conditions on the residence period, the immigration permit and means of subsistence.
This article is general guidance, not individual legal advice.